JESSYLINA MAT LAZIM, Chief of Corporate Communications,for Chief
Secretary,Housing and Local Government Ministry

I REFER to letter from J.L. Yeoh of Kuala Lumpur on property management
and the use of proxies by condominium owners ("Clarify this proxy issue"
-- NST, July 13).

The Housing and Local Government Ministry would like to thank Yeoh for his
views.

According to the coordinating section of the Building Commissioner,
National Housing Department, the Building And Common Property Maintenance
And Management Act 2007 (Act 663) is in force in the interim period before
the strata title is issued to the buyer.

The official report contained in Parliament's Hansard states that
Parliament's original intent in enforcing Act 663 is to reduce the
involvement of developers as well as provide an opportunity to buyers
through the joint management body to take over the maintenance and
management of a particular building before the establishment of the
management corporation under the Strata Title Act (Act 663).

Sub-section 6 (5) of Act 663 states: "Notwithstanding subsection (4),
joint purchasers shall not be entitled to vote except by way of a jointly
appointed proxy." This is because the voting takes place by a show of
hands, which limits a buyer to only one vote. Thus, joint purchasers will
have to appoint a proxy jointly to represent them at the vote.

For sole purchasers, Act 663 is silent in regard to the appointment of a
proxy. However, to prevent others apart from the buyers themselves being
involved in the management transactions of a building, a proxy is only
allowed for joint buyers, as is clearly stated in sub-Section 6 (5) of Act
663.

If a sole purchaser is allowed to appoint a proxy, it will go against the
original intent of Parliament as stated during debate on the Building and
Common Property Maintenance and Management Act, which said that the reason
this act was enforced was to provide opportunity to purchasers to maintain
and manage their own building premises before the strata title is issued.